statutory right to redundancy pay

[tcq2005]

An employee who had been with us for five years resigned with notice to leave at the end of this month. However, her prospective new employer has failed to provide a satisfactory employment contract, and she has now decided not to proceed with them. She has asked if she could come back and work for us on a part time basis, but we have already taken on a new person to replace her role.

If I offer her a part time position in the third week of Nov, will this be considered a break in continuous service that is long enough for her to lose her right to statutory redundancy pay with us?

Many thanks.

 

[WaveJumper]

From my knowledge a weeks long enough they have now reset the counter but pretty sure @Newchodge will know the definitive answer

 

[Newchodge]

It can be a bit complicated. I suggest you don't offer her the job until after she has been gone for at least a week. You can then offer her it to start whenever you like. If you offer the job before she leaves there could be an argument that there was an ongoing relationship while she was not employed.

 

[WaveJumper]

It can be a bit complicated. I suggest you don't offer her the job until after she has been gone for at least a week. You can then offer her it to start whenever you like. If you offer the job before she leaves there could be an argument that there was an ongoing relationship while she was not employed.

Out of interest is there a qualifying period once someone is employed

 

[Newchodge]

Out of interest is there a qualifying period once someone is employed

Currently 2 years. That may change soon.

 

[tcq2005]

It can be a bit complicated. I suggest you don't offer her the job until after she has been gone for at least a week. You can then offer her it to start whenever you like. If you offer the job before she leaves there could be an argument that there was an ongoing relationship while she was not employed.

I won't able to give her regular hours any more, as I have taken on someone else to replace her. I can only offer her a zero hours contract. If she starts in the first week of Nov and there is one week gap during her Nov work hours, will she lose her entitlement to statutory redundancy pay?

 

[Newchodge]

I won't able to give her regular hours any more, as I have taken on someone else to replace her. I can only offer her a zero hours contract. If she starts in the first week of Nov and there is one week gap during her Nov work hours, will she lose her entitlement to statutory redundancy pay?

No. There has to be no contractual relationship for at least 7 consecutive days. If she is on zero hours her contractual relationship continues.

 

[tcq2005]

No. There has to be no contractual relationship for at least 7 consecutive days. If she is on zero hours her contractual relationship continues.

Can I say to her now that I might be able to offer her a zero hours contract but I don't be able to confirm until the second week of Nov? I assume this is not a confirmed contract yet, so she won't have the statutory right to redundancy?

 

[Newchodge]

Can I say to her now that I might be able to offer her a zero hours contract but I don't be able to confirm until the second week of Nov? I assume this is not a confirmed contract yet, so she won't have the statutory right to redundancy?

Yes, as long as she cannot say that she was promised further hours.